The Supreme Court criticized the Uttar Pradesh government for its high-handed approach in a demolition case in Prayagraj. A bench comprising Justices Abhay Oka and N Kotishwar Singh expressed strong disapproval of the action. The court ruled that the demolished structures must be rebuilt, holding the authorities accountable.
New Delhi: The Supreme Court criticized the Uttar Pradesh government for demolishing houses in Prayagraj without adhering to proper legal procedures, stating that “such actions send a shocking and wrong signal.”
A bench comprising Justices Abhay Oka and N. Kotishwar Singh expressed concern over the “high-handed” nature of the demolitions, asserting that the affected structures must be reconstructed.
The bench remarked,
“Prima facie, this action sends a shocking and wrong signal and this is something that needs to be corrected. You are taking such drastic action of demolishing homes… We know how to deal with such hyper-technical arguments. After all, there is something known as Article 21 and the Right to Shelter,”
When the counsel for the State argued that there was valid justification for attaching notices to the properties in question, the bench responded, stating,
“It knows how to deal with such hyper-technical grounds.”
Justice Oka remarked,
“You are taking such drastic action of demolishing homes, and among those affected are a lawyer and a professor. We know how to handle such hyper-technical arguments. After all, there is something known as Article 21 and the Right to Shelter!”
Attorney General R. Venkataramani defended the state government’s actions, arguing that the petitioners were given a reasonable amount of time to respond to the demolition notice and suggested that the matter be referred to the high court for further consideration.
The petitioners’ counsel contended that the state government mistakenly demolished their houses, believing the land belonged to gangster-politician Atiq Ahmed, who was killed in a police encounter in 2023.
Senior Advocate Abhimanyu Bhandari, representing the petitioners, argued that the government mistakenly identified the petitioners’ land as belonging to gangster-politician Atiq Ahmed, who was killed in a police encounter in 2023.
He stated,
“There was a gangster called Atiq Ahmed, and they mistook our land for his. The State should simply admit their mistake.”
Justice Oka, however, disagreed with this reasoning.
He questioned,
“Why was the notice affixed like this? Why not send it by courier? Anyone could issue a notice like this and proceed with a demolition. This is a high-handed case of demolition, that’s all.”
He further pointed out,
“Go to Page 182… you say there is no procedure for sending by post; here, the notice was sent by post. See it.”
The Attorney General responded that whether the individual was present during the delivery of the notice was a disputed question of fact.
He said,
“I am not defending the demolition, but let the High Court consider it,”
The bench retorted,
“Not at all. No going to the High Court again. The matter will be delayed then.”
The Court concluded that the demolished structures must be reconstructed.
The top court stated,
“This structure will have to be reconstructed. If you want to contest by filing an affidavit, then that’s fine; otherwise, a less embarrassing approach would be to allow them to construct and then serve notices to them as per law,”
The petitions were filed through advocate Rohini Dua.
The Supreme Court was reviewing a plea from advocate Zulfiqar Haider, professor Ali Ahmed, and others whose homes were demolished. The Allahabad High Court previously dismissed their challenge against the demolition.
The petitioners alleged they received notice on March 6, 2021, regarding certain constructions on a portion of Nazul Plot No. 19, Lukerganj, located in the Khuldabad police station area of Prayagraj district. They claimed that notices were issued on a Saturday night, followed by the demolition on the subsequent Sunday in March 2021.
In Prayagraj, Uttar Pradesh, several demolitions have been carried out by authorities targeting properties deemed illegally constructed or associated with individuals accused in criminal activities.
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